ENROLLED ORIGINAL
Codification
District ofColumbia
Official Code2001 Edition
2006 SummerSupp.
West Group
Publisher

AN ACT
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
To require payment of a living wage by recipients of certain District contracts and government
assistance; to create a Job Opportunity Bank to increase job opportunities for low income,skills-deficient District residents; to amend the First Source Employment
Agreement Act of 1984 to expand coverage; and to amend the Displaced Workers
Protection Act of 1994 to extend protection to certain security guards.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That thisact may be cited as the "Way to Work Amendment Act of 2006".
TITLE 1. LIVING WAGE.
Sec. 101. Short title.
This title may be cited as the "Living Wage Act of 2006".
Sec. 102. Definitions.
For purposes of this act, the term :(1) "Affiliated employee" means any individual employed by a recipient who
received compensation directly from government assistance or a contract with the District ofColumbia government ("District Government"), including any employee of a contractor orsubcontractor of a recipient who performs services pursuant to government assistance orcontract.
(2) "Contract" means a written agreement between a recipient and the Districtgovernment.
(3) "Government assistance" means a grant, loan, or tax increment financingthat results in a financial benefit from an agency, commission, instrumentality, or other entity of
the District government.
(4) "Living wage" means an hourly wage rate of $11.75 per hour, regardless ofwhether health care benefits are provided.
(5) "Recipient" means any individual , sole proprietorship, partnership,association, joint venture, limited liability company, corporation, or any other form of businessthat enters into a contract with or receives government assistance from the District government.
Sec. 103. Living wage payment.
(a) All recipients of contracts or government assistance in the amount of $100,000 or
more shall pay their affiliated employees no less than the living wage. All subcontractors ofrecipients of these contracts that receive funds of $15,000 or more shall pay their affiliated
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employees no less than the living wage; provided, that this receipt of funds is from the contract
funds received by the recipient from the District government. All subcontractors of recipients ofgovernment assistance shall pay their affiliated employees the living wage if the subcontractor
receives $50,000 or more from a recipient; provided, that this receipt of funds is fromgovernment assistance received by the recipient from the District of Columbia.
(b) The living wage shall be paid to employees of the District government commencing
March 1,2006; provided, that the wage of any such employee established under an existingcollective bargaining agreement or by the recipients of a federal law or grant shall continue aslong as that agreement, law, or grant remains in effect.
(c) The Department of Employment Services shall adjust this rate for the previous
calendar year, on an annual basis by the annual average increase, if any, in the Consumer Price
Index for all Urban Consumers in the Washington Metropolitan Statistical Area published bythe Bureau of Labor Statistics of the United States Department of Labor up to 3%. Thisadjustment shall begin the I" of January occurring at least one year following the enactment
date of this title. The Department shall calculate the adjustment to the nearest multiple of $.05
and shall publish the adjusted rate not later than March I of each year. Any annual adjustment inexcess of 3% shall be approved by the Mayor.
(d) The Mayor shall publish any adjustment to the living wage rate in the District ofColumbia Register no later than 45 days after the rate is adjusted.
(e) Funding for the implementation of this title shall be subject to annual appropriations.
Sec. 104. Contents of contract; notice to subcontractors.
(a) All contracts and government assistance subject to this title shall include therequirements under sections 103, 106, 107, and 108.
(b) Each recipient of a contract or government assistance shall notify each subcontractor
subject to this title of the requirements as provided under subsection (a) of this section. The
notification shall be in writing.
Sec. 105. Exemptions.
The following types of contracts, government assistance , and employment shall be
exempt from the requirement of this title:(1 ) Contracts or other agreements that are subject to wage level determinations
required by federal law;(2) Existing and future collective bargaining agreements, provided , that thefuture collective bargaining agreement results in the employee being paid no less than theestablished living wage;(3) Contracts for electricity, telephone, water, sewer or other services deliveredby a regulated utility ;(4) Contracts for services needed immediately to prevent or respond to a disasteror eminent threat to public health or safety declared by the Mayor;(5) Contract s or other agreements awarded to recipients that provide trainee swithadditional services including, but not limited to, case management and job readiness services;
provided, that the trainees do not replace employees subject to this title;(6) An employee under 22 years of age employed during a school vacation
period , or enrolled as a full-time student, as defined by the respective institution, who is in highschool or at an accredited institution of higher education and who works less than 25 hours perCodification District of Columbia Official Code, 2001 Edition

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week; provided, that he or she does not replace employees subject to this title;(7) Tenants or retail establishments that occupy property constructed or improved by receipt ofgovernment assistance from the District of Columbia; provided, that the tenant or retail establishment did notreceive direct government assistance from the District;(8) Employees of nonprofit organizations that employ not more than 50 individuals and qualify for
taxation exemption pursuant to section 501(c)(3) of the lnternal Revenue Code of 1954, approved August 16,1954 (68A Stat. 163; 26 U.S. C. § 501(c)(3));(9) Medicaid provider agreements for direct care services to Medicaid recipients; provided, that thedirect care service is not provided through a home care agency, a community residence facility, or a grouphome for mentally retarded persons, as those terms are defined in section 2 of the Health-Care and Community
Residence Facility, Hospice, and Home Care Licensure Act of 1983, effective February 24,1984 (D.C. Law 548; D.C. Official Code § 44501); and(10) Contracts or other agreements between managed care organizations and the Health Care Safety
Net Administration or the Medicaid Assistance Administration to provide health services.".
Sec. 106. Notice.
Each recipient and subcontractor of a recipient shall provide to each affiliated employee covered bythis title a fact sheet concerning the payment and enforcement requirements under sections 103 and 108, andshall also post a notice concerning these requirements in a conspicuous site in its place of business. The Mayor
shall provide the fact sheet and notice to each recipient which shall include:(1) Notice of the living wage hourly rate;(2) A summary of the requirements under sections 103 and 107; and(3) lnformation concerning the enforcement of this title including the name, address, and telephone
number of the individual or entity to which complaints of noncompliance should be made.
Sec. 107. Records.
All recipients and subcontractors shall retain payroll records created and maintained in the regularcourse of business under District of Columbia law for a period of at least 3 years from the payroll date for
employees subject to section 103.
Sec. 108. Enforcement.
The payment of wages required under this title shall be consistent with and subject to the provisions ofAn Act To provide for the payment and collection of wages in the District of Columbia, approved August 3,
1956 (70 Stat. 976; D.C. Official Code § 32-1301 et seq.).
Sec. 109. Waiver.
The Mayor may exempt a recipient from the requirements of this title, subject to approval by theCouncil. Any entity requesting a waiver shall be required to demonstrate that the provisions of this title willpose a significant financial hardship on the recipient that will result in the layoff of a substantial number ofemployees, substantial downsizing, or the inability to meet payroll. All requests for waivers shall be written
and state the rationale for the request. Any waiver granted by the Mayor shall be subject to Council review
and approval, by act.

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Sec. 110. Rules
The Mayor shall issue rules to implement the provisions of this title.
Sec. 111. Applicability.
(a) The requirements of this title shall apply to contracts and agreements for government
assistance ("agreement") entered into after the effective date of this title, and shall not apply to
any existing agreement entered into prior to that date. Where an agreement is renewed orextended after that date, that renewal or extension shall be deemed a new agreement and shalltrigger coverage under this title if the terms of the renewed or extended agreement otherwise
meet the requirements for coverage under this title.
(b) Notwithstanding the requirements of section 105(9), a home care agency, community
residence facility, or group home for mentally retarded persons shall not be required to pay aliving wage until implementing rules are published in the District of Columbia Register and anynecessary state plan amendments are approved.

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